HomeMy WebLinkAboutAgreement A-24-097 Amend. No. 1 to Agt. 22-171 Tranquillity Irrigation District.pdf Agreement No. 24-097
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. 1 TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 1 to Subrecipient Agreement("Amendment No. 1") is dated
4 March 5, 2024 and is between Tranquillity Irrigation District, a special district in the County of
5 Fresno formed under Part 2 of Division 11 of the California Water Code, with a district office at 25390
6 West Silveira Street, Tranquillity, CA 93668 ("Subrecipient"), and the County of Fresno ("County"), a
7 political subdivision of the State of California.
8 Recitals
9 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021
10 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program.
12 B. The ARPA authorizes the County to expend SLFRF for certain eligible purposes, including
13 responding to the public health emergency or its negative economic impacts from the COVID-19
14 pandemic, including investment in water infrastructure that supports impacted communities.
15 C. On May 3, 2022, the County and the Subrecipient entered into County agreement number 22-
16 171 ("Agreement"), to help the Subrecipient fund the design and engineering, construction review, and
17 management for the construction of a new underground well that will replace inactive Well#6, which is a
18 contaminated source that is an existing threat to public health, is necessary to maintain adequate
19 service levels, and improve drinking water capacity in the disadvantaged community of Tranquillity
20 (Program).
21 D. The Subrecipient represents that since Agreement 22-171 was executed, there has been an
22 increase in construction costs and lead times for materials. Updated engineer's estimates of probable
23 costs indicate that the cost to drill and equip a new groundwater well will exceed funding availability
24 provided for the Program. The Subrecipient represents that recent bid results for the construction of
25 another well (Well No. 8), which will not be funded through this Agreement, indicate that costs for drilling
26 Well No. 9 would likely exceed $1 million. Additionally, the Subrecipient represents that costs for design
27 and engineering have exceeded the approved budget amounts provided in the Agreement by
28 $30,824.21.
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1 E. The Subrecipient represents that Well No. 9, which is the subject of the Program, has a similar
2 design (well depth, motor HP, proximity to existing piping)to Well No. 8 and therefore the existing
3 expenditure plan likely does not provide sufficient funding support for cover the Subrecipient's
4 anticipated costs.
5 F. Because of the growing costs, the Subrecipient represents that completion of the design for Well
6 No. 9 will be delayed until after bids to equip Well No. 8 are received, which are expected in the first
7 quarter of 2024. The Subrecipient represents that portions of the design and engineering for Well No. 9
8 are in progress and have not been completed because there is uncertainty whether the Subrecipient
9 may have potential cost saving by reusing an existing Motor Control Center(MCC) at Well No. 9. If
10 feasible, reusing the MCC would require modifications to the initial design and specs to Well No. 9. The
11 Subrecipient's decision to reuse the MCC at Well No. 9 will be made after bids are received for Well No.
12 8.
13 G. The Revised Expenditure Plan will correct prior cost allocations and will reallocate funding
14 resources to align with the most engineer estimates, which will increase allocations to design and
15 engineering, and construction review line items and reduce the amount for construction without
16 changing the line-item categories themselves. The Subrecipient represents that it intends to continue to
17 explore other funding opportunities to help fund the completion of the Program, and Subrecipient will be
18 responsible for all future costs incurred once the grant funds have been depleted to complete the
19 Program.
20 H. The County and the Subrecipient desire to amend the Agreement to revise the Program's
21 Expenditure Plan and allow the County's Administrative Officer or his/her designee to approve minor
22 budgetary modifications as needed and appropriate.
23 The parties, therefore, agree as follows:
24 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, May 3, 2022.
25 2. All references to "Exhibit B" in the Agreement shall be amended to refer to"Revised Exhibit B."
26 Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this reference.
27 3. Section 13, Grant Funding/Compensation, of the Agreement located on page 16 line 25 through
28 page 17 line 2, is deleted in its entirety, and replaced with the following:
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1 "SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative
2 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
3 fresnocao(a-),fresnocountyca.gov. Payment by County shall be in arrears for services provided
4 during the preceding period of time, within forty-five (45)days from date of receipt, verification,
5 and approval of Subrecipient's invoice and supporting documentation by County. Requests for
6 advancement of funds for anticipated eligible expenditures shall also be accompanied by a
7 written certification from the Subrecipient consistent with the amount of work scheduled to be
8 performed or materials to be purchased with the amount of funding being requested from the
9 County, and that the payment request is in accordance with the Program, Table 1-1 of Revised
10 Exhibit B of this Agreement.After appropriate review and inspection of the payment request for
11 advanced funding, the COUNTY shall make the payment available to Subrecipient, less any
12 amounts outstanding for which prior advanced funds have not been fully expended or accounted
13 with supporting documentation. If Subrecipient fails to comply with any provision of this
14 Agreement, County shall be relieved of its obligations for further compensation."
15 4. Section 15, Modification, of the Agreement, located on page 18, lines 13 through 14, is deleted in
16 its entirety, and replaced with the following:
17 "Any matters of this Agreement may be modified from time to time by the written consent of all
18 the parties without, in any way, affecting the remainder. Changes to line items, as set forth in
19 Revised Exhibit B, that,when added together during the term of the Agreement do not exceed
20 ten percent(10%)of the total maximum compensation payable to Subrecipient, may be made
21 with the written approval of Subrecipient and County's Administrative Officer or designee. These
22 modifications shall not result in any change to the maximum compensation amount payable to
23 Subrecipient, as described in this Agreement."
24 5. A portion of Exhibit B, Subrecipient Expenditure Plan located on page 28 line 8 through 9 is
25 deleted, and replaced with the following:
26 "The Program is anticipated to be completed by December of 2026."
27 6. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
28 1 together constitute the Agreement.
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1 7. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
2 1 together constitute the Agreement.
3 8. The Subrecipient represents and warrants to the County that:
4 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
5 this Amendment No. 1.
6 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly authorized
7 to do so and his or her signature on this Amendment No. 1 legally binds the Subrecipient to
8 the terms of this Amendment No. 1.
9 9. The parties agree that this Amendment No. 1 may be executed by electronic signature as
10 provided in this section.
11 a. An "electronic signature" means any symbol or process intended by an individual signing this
12 Amendment No. 1 to represent their signature, including but not limited to (1)a digital
13 signature; (2)a faxed version of an original handwritten signature; or(3) an electronically
14 scanned and transmitted (for example by PDF document)version of an original handwritten
15 signature.
16 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
17 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
18 purposes, including but not limited to evidentiary proof in any administrative or judicial
19 proceeding, and (2)has the same force and effect as the valid original handwritten signature
20 of that person.
21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title
23 2.5, beginning with section 1633.1).
24 d. Each party using a digital signature represents that it has undertaken and satisfied the
25 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5),
26 and agrees that each other party may rely upon that representation.
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1 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
2 it by electronic means and either party may sign this Amendment No. 1 with an original
3 handwritten signature.
4 10.This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
5 which together constitute this Amendment No. 1.
6 11.The Agreement as amended by this Amendment No. 1 is ratified and continued.All provisions of
7 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
8 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
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Subr&ipient County of Fresno
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4
nny Wade,District Manager Nathan Magsig, Chairman of the Board of
5 Tranquillity Irrigation District Supervisors of the County of Fresno
6 Attest:
Mailing Address: Bernice E.Seidel
7 P.O. Box 487 Clerk of the Board of Supervisors
Tranquillity, CA 93688 County of Fresno, State of California
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10 Deputy
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11 For accounting use only:
12 Fund: 0026
Subclass: 91021
13 Org: 1033
Account: 7845
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1 Revised Exhibit B
2 Subrecipient Expenditure Plan
3 Subrecipient shall provide to County drawdown requests for payments for eligible expenses to
4 complete the Program. In the first thirty (30) days following the Effective Date of this Agreement,
5 Subrecipient may make drawdown requests to a maximum of$275,000, equivalent to twenty-five
6 percent(25%)of the Program's total budgeted amount($1,100,000)to cover eligible expenditures in
7 support of the Program. The Program is anticipated to be complete by December 31, 2026. Subrecipient
8 shall use the Drawdown Request Form to submit detailed drawdown requests for eligible expenses and
9 include purchase orders, receipts, and reimbursement requests, detailing items purchased, and
10 expenses incurred or anticipated to be incurred in support of the Program, as represented in Revised
11 Exhibit B, Table 1-1.
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B-1
1 Revised Exhibit B (continued)
2 Table 1-1, Revised Expenditure Plan
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Line Item 4
Revised Budget ,
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6 Design and Engineering $ 110,000.00
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8 Construction Review $ 85,000.00
9 Construction $ 905,000.00
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11 Totals: $ 1,100,000.00
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B-2
1 Revised Exhibit B (continued)
2 Drawdown Request Form
3 Date:
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County of Fresno
5 ARPA-SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Revised Exhibit B, Table 1-1)documented in the executed
16 Agreement, and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice#/Contract# Amount
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22 Sincerely,
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24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
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